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Presenting a live 90-minute webinar with interactive Q&A
Drafting Enforceable Employee
Severance Agreements
Leveraging Latest Court Guidance in Negotiating Release and Pay Provisions
WEDNESDAY, FEBRUARY 19, 2014
1pm Eastern
|
12pm Central | 11am Mountain
|
10am Pacific
Today’s faculty features:
Louis L. Chodoff, Partner, Ballard Spahr, Cherry Hill, N.J.
James F. Glunt, Shareholder, Ogletree Deakins Nash Smoak & Stewart, Pittsburgh
Ian D. Meklinsky, Partner, Fox Rothschild, Princeton, N.J.
The audio portion of the conference may be accessed via the telephone or by using your computer's
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Drafting Enforceable Employee Severance
Agreements
February 19, 2014
Presented by:
Ian D. Meklinsky, Esq.
Table of Contents
Employee Severance Agreements:
Latest Guidance for Employment Counsel.......................................................... Tab 1
Attorney Profile ................................................................................................... Tab 2
www.foxrothschild.com
Employee Severance Agreements:
Latest Guidance for Employment Counsel
- February 19, 2014 By: Ian D. Meklinsky, Esq.1
A.
Standards for Valid Release
a. No standard form.
b. Can address a wide range of issues from releases of factual or potential
claims to covenants not to compete.
c. Release must be knowing and voluntarily.
d. Must be supported by consideration.
i. Must give employees something of value—and something to
which they would not otherwise be entitled (i.e., severance pay-as long as they are not already entitled to receive such pay under
state law, employer’s severance plan, a CBA or an individual
employment contract).
e. Older Workers’ Benefit Protection Act (“OWBPA”).
i. In 1990, Congress amended the Age Discrimination in
Employment Act (ADEA) with the Older Workers Benefit
Protection Act (OWBPA). The OWBPA changed the rules for age
discrimination releases by setting strict criteria for releases both of
protected rights (i.e., a release before a claim is filed) and
disputed claims (i.e., releases in settlement of EEOC charges or
lawsuits).
ii. Congress presumed that age discrimination is harder to detect
than other types of employment discrimination, and there was
concern that releases were being used in situations where
employees would not reasonably be expected to know or suspect
that age may have played a role in the termination decision.
Congress, therefore, concluded that older workers routinely were
releasing potential age discrimination claims without being aware
of information that would enable them to make an informed
decision.
iii. There also was concern about the prevalence of non-negotiable
releases, and the practice of linking severance benefits to a
release of claims. What Congress saw was older workers being
confronted on a mass basis with a choice between a termination
without benefits, or receipt of benefits only upon a complete
1
Ian D. Meklinsky would like to thank his colleague, Eileen Powers, for her significant assistance in the
preparation of this outline.
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release of potential claims, including age discrimination claims.
The perception was that the ADEA was being undermined by
employers who routinely were securing either uninformed or
coerced releases of protected rights.
iv. From this came the OWBPA, which sets forth the "minimum"
requirements for an age discrimination release before it may be
considered "knowing and voluntary" under federal law and, thus,
binding on the terminated employee. OWBPA requirements
ultimately were extended to all types of age discrimination
releases, including those by employees terminated during
reductions in force and those by individually terminated
employees, releases by employees with existing legal claims and
those who do not believe their rights have been violated, and even
releases by employees who leave their employment voluntarily.
v. Employers should be mindful of the OWBPA's extremely specific
release requirements and should be aware that courts interpret
those requirements strictly (i.e., contrary to employer interests). In
the event of a dispute about OWBPA compliance, it is the
employer who has the burden of proving compliance.
vi. The OWBPA establishes certain standards for enforceability of a
release of a claim under the ADEA. Waiver between the employer
and the individual must:
1. Be written in language easily understood by the average
employee.
a. Releases cannot be choked with legalese.
Releases should be as brief as possible and
language used should be plain. The educational
level and general sophistication of the individual
employee or average employee should be taken
into account, and the release modified accordingly.
A release also should recite that the employee
understands the language of the release and its
effect, specifically including that she is releasing
any age discrimination rights or disputed claims she
may have as of the date she executes it.
2. Specifically refer to the rights or claims arising under the
ADEA.
3. Not waive rights or claims that may arise after the date of
the waiver is executed.
4. Provide for consideration which is in addition to anything of
value to which the individual is already entitled.
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5. Advise the individual in writing to consult with an attorney
prior to executing the agreement.
6. Give the individual at least 21 days within which to
consider the agreement.
a. If the employer requests the release in connection
with a group or class termination, the employer
must provide employee with at least 45 days to
consider the release and provide the employee with
detailed information concerning those eligible and
ineligible for the separation package.
b. An employee executing a release in settlement of
an existing EEOC charge or lawsuit must be given
"a reasonable period of time" to consider a release.
i. Although the OWBPA is silent on the point,
employers are wise to treat these
"consideration periods" as being triggered
only upon an employee's actual receipt of
the written release agreement. It is not
enough that an employee simply be told
what the terms of a release will be. Also, a
release should include a clear statement
that the employee has been given the
appropriate amount of time to consider the
release agreement.
ii. Some employers are under the mistaken
impression that the consideration period
must pass completely before a release may
be executed. In fact, an employee may
execute a release before the applicable
consideration period has expired.
The
OWBPA only requires that an employee be
"given" adequate time to consider a release.
There is nothing in the statute that prevents
an employee from accepting a release
agreement earlier.
iii. What a "reasonable period of time" may be
in the context of a release in settlement of
an existing claim is not well-defined. What
is a reasonable period of time, no doubt, will
depend on the circumstances. Generally,
however, a reasonable period of time will be
considerably less than the 21 or 45-day
consideration periods. Obviously, if there is
an existing claim the employee already is
aware of her rights, she believes they have
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been violated and she probably is
represented by an attorney. As long as
there is no act of coercion by an employer
and the release agreement specifically
states that the employee was given a
reasonable period of time in which to
consider the agreement, the OWBPA
should be satisfied.
7. Provide for a seven day revocation period.
a. The OWBPA states that a release "shall not
become effective or enforceable until the revocation
period has expired". Therefore, unlike the
consideration period, the revocation period cannot
be waived by an employee.
Case Law: Supreme Court Case of Oubre vs. Entergy Operations, Inc.

In 1998, the U.S. Supreme Court held in Oubre vs. Entergy Operations, Inc., that
a release of age claims which does not fully comply with OWBPA requirements is
of no effect. The employee in Oubre was given the option of either improving her
job performance during the coming year or accepting a voluntary arrangement for
her severance. The employer gave her a packet of information about the
severance agreement and gave her 14 days to consider her options, during
which she consulted with attorneys. The employee then accepted the severance
package and executed a release in which she agreed to "waive, settle, release,
and discharge any and all claims" she may have had against her former
employer.

The Supreme Court held that the release did not comply with OWBPA in at least
three respects, including: 1) the employer did not give the employee enough time
to consider her options (i.e., she should have had 21 days instead of 14); 2) the
employer did not give the employee seven days after she signed her release to
change her mind; and, 3) the release made no specific reference to claims
arising under the ADEA.

The employer argued that its admitted failure to comply with the OWBPA was not
prejudicial to the employee and, moreover, that it did not matter because the
employee had not tried to revoke her release, although she believed her rights
had been violated, and she had not returned the money she had been paid for
her release. The employer argued that by her actions the employee had "ratified"
(i.e., agreed to abide by) her release although it was defective under the
OWBPA.

The Supreme Court rejected the employer's arguments and held simply that
releases of age discrimination claims which do not comply with all applicable
OWBPA requirements are invalid and, thus, of no effect.

The Supreme Court also held that an employee who executes a release
defective under the OWBPA does not have to return the money she was paid
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before suing her former employer for age discrimination. In other words, where
the employer fails to comply with OWBPA requirements, an employee may sue
for age discrimination notwithstanding her execution of the release, and she can
bankroll her lawsuit with the very money the employer paid for her release.

Oubre makes clear that courts will interpret OWBPA requirements strictly and
that any defect, no matter its magnitude, will invalidate a release of age claims.
Further, the employer will be unable to demand return of the money it paid for the
release prior to any related litigation. Oubre also illustrates the harsh
consequences for failure to comply with the OWBPA; indeed, the consequences
of non-compliance may be so harsh that it will cause employers to question
whether releases of age discrimination claims are worth the effort, especially in
mass layoff situations.
Harmon v. Johnson & Johnson (9th Circuit, Dec. 12, 2013, unpublished)

Releases deemed defective under the OWBPA may still be effective in releasing
other claims. In upholding the dismissal of plaintiff’s state law claims per a waiver
in a severance agreement, the Ninth Circuit held that “the failure to comply with
the OWBPA did not invalidate the release as to [plaintiff’s] state law claims
because the OWBPA applies only to federal claims under the [ADEA].”
Tender Back of Consideration - Final Rule

In light of Oubre, the EEOC amended its OWBPA regulations at 29 CFR
1625.23, effective January 10, 200l. Consistent with the Supreme Court
decision, section (a) of the Regulation states that an individual wishing to
challenge the validity of an ADEA waiver is not required to return the
consideration received before filing a lawsuit or discrimination charge. The
EEOC's guidance in section (b) of the Regulation, however, goes far beyond the
teachings of Oubre requiring employers to reassess the content of a waiver.

Under section (b) of the Regulation, "No ADEA waiver…may impose any
condition…adversely affecting any individual's right to challenge the agreement."
This prohibition includes "provisions allowing employers to recover attorneys'
fees and/or damages because of the filing of an ADEA suit" (i.e., a traditional
covenant not to sue). The EEOC's position is based on the view that such a
clause discourages good faith challenges and thus, interferes with an employee's
statutory rights. The EEOC maintains that the Supreme Court's reasoning in
Oubre supports this position. In essence, it argues that if the financial pressures
of tender back and ratification are illegal under the OWBPA, then so are the
pressures of an obligation to pay an employer's legal fees and costs. The
section of the Regulation ends by noting an employer's continued ability to
recover damages authorized under federal law. In the opinion of the EEOC, this
is limited to ADEA suits brought in bad faith--a case that is considerably easier to
state than to prove. See 29 CFR 1625.23.
f.
FMLA: Prior Case Law and New Regulations
i. Prior Case Law
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1. FMLA Regulation Section 825.220 provides “[e]mployees
cannot waive, nor may employers induce employees to
waive, their rights under FMLA.” In the past, courts have
disagreed as to whether this language prohibits only the
prospective waiver of FMLA rights, or also prohibits the
retrospective settlement or release of FMLA claims based
on past employer conduct, such as through settlement or a
severance agreement, without Department of Labor
(“DOL”) or court approval.
2. In Taylor v. Progress Energy, the Fourth Circuit interpreted
this regulation to prevent employees from settling past
claims for FMLA violations with employers without the
approval of the DOL or the courts.
3. In Faris v. Williams, the Fifth Circuit found that the plain
meaning of the DOL’s regulation prohibits prospective
waiver of rights only and not retrospective settlement of
claims.
ii. New Regulations
1. The new FMLA regulations make clear that the waiver
prohibition applies only to prospective FMLA rights;
employees and employers are permitted to agree
voluntarily to the settlement of past claims without having
first to obtain the permission of the DOL or the courts.
2. Thus, an employee may sign a severance agreement with
her employer releasing the employer from all FMLA claims
based on past conduct by the employer. An employee
may also settle an FMLA claim against her employer
without DOL or court approval.
B.
What Cannot Be Released
a. Employer cannot require employee to waive the right to file a charge of
discrimination with the EEOC (pursuant to EEOC 1997 Enforcement
Guidance).
i. EEOC takes two positions on such waivers:
1. Requiring an employee to waive her protected right to file a
charge or participate in an investigation is void against
public policy.
2. Requiring an employee to waive this right violates the antiretaliation provisions of Title VII because such agreements
have a “chilling effect on the willingness and ability of
individuals to come forward with information” and interfere
with the EEOC’s purpose.
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ii. United States Court of Appeals for Third Circuit (which has
jurisdiction over Delaware, Pennsylvania, New Jersey and the
Virgin Islands) has held that a separation agreement including
broad release language regarding the filing of charges “in any
administrative, judicial or other forum” constitutes a per se
violation of the anti-retaliation provisions of ADEA, Title VII, EPA
and ADA because the purpose of filing an agency charge is not to
seek recovery from an employer but to inform the administrative
agency of possible discrimination.
iii. Case Law: EEOC v. Baker & Taylor, Inc. (N.D. Ill., May 20, 2013)
1. EEOC is becoming more aggressive and proactive in
policing the prohibition on releasing the right to bring
EEOC charges.
2. In this case, the EEOC sued the employer under Title VII
for the pattern and practice of conditioning employees’
receipt of severance pay on “overly broad, misleading and
unenforceable” release agreements that “interferes with its
employees’ right to file charges with the EEOC and Fair
Employment Practices Agencies and participate and
communicate voluntarily with the EEOC and FEPAs.”
3. In that matter, the severance agreement stated, among
other things:
a. “I further agree never to institute any complaint,
proceeding, grievance, or action of any kind at law,
in equity, or otherwise in any court of the United
States or in any state, or in any administrative
agency in the United States”; and
b. “I will not discuss or comment upon the termination
of my employment in any way that would reflect
negatively on the Company. However, nothing in
this Release will prevent me from truthfully
responding to a subpoena or otherwise complying
with a government regulation.”
4. Per the consent decree resolving the matter, the employer
agreed to revise its severance agreement and further
agreed that any employees who signed the prior version
could file a charge of discrimination with the EEOC free of
the normal statute of limitations period.
5. This matter demonstrates that the EEOC will spend time
and resources pursuing what it perceives to be overbroad
release provisions and employers should be guided
accordingly.
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b. Claims for Workers’ Compensation Benefits.
c. Claims under the Fair Labor Standards Act (FLSA).
d. Claims to challenge the Agreement or claims arising after the execution of
the agreement.
e. Claims with regard to vested benefits under an ERISA governed
retirement plan.
C.
State Specific Requirements
New Jersey:

Waiver must establish that party charged with waiver knew of her legal rights and
deliberately intended to relinquish them. Waiver must be knowing and voluntary.
Waiver is evaluated under “totality of circumstances” standard including and
factors to be considered in determining whether a release was knowing and
voluntary include:
o
the clarity and specificity of the release language;
o
the employee's education and business experience;
o
the amount of time the employee had for deliberation about the release
before signing it;
o
the role of the plaintiff in deciding the terms of the agreement;
o
whether the employee's rights were known or should have been known
when the release was executed;
o
whether the employee sought or was encouraged to seek the advice of
counsel; and
o
whether the consideration given and accepted for the release exceeded
the benefits to which the employee was already entitled by contract or
law.

**Therefore, release should clearly indicate claims being waived (i.e., NJLAD,
CEPA, etc.) in order to demonstrate waiver of such claims was knowing and
voluntary.

Example: Carey v. NMC Global Corp., (NJ App Div. Aug. 26, 2013, unpublished)
o
Court found release in severance agreement defective under totality of
the circumstances test even though it was signed and initialed on each
page by plaintiff where plaintiff testified that he was only given 5 minutes
to consider the offer, he was not encouraged to discuss the offer with an
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attorney and he felt pressured by the presence of the company’s Vice
President.
o
The Court took special note of the company’s failure, and the
agreement’s failure, to encourage the employee to consult an attorney.
 “the onus is on the employer to encourage the employee to
consult with an attorney.”
California:

The release should contain language that the employee waives rights under
section 1542 of the California Civil Code, and must quote the actual code section
in the release in order for the waiver to be effective. California Civil Code section
1542 states:
“A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known by him
or her must have materially affected his or her settlement
with the debtor.”

Minnesota:
If a Minnesota Human Rights Act release is being sought, a 15-day revocation
period normally must be offered unless the release is given in settlement of a
claim filed with the Department of Human Rights or another administrative
agency or judicial body.

The employee must be advised of her right to rescind in writing.

The employee must rescind the release in writing and deliver the rescission to
the released party by hand within the 15-day period or mail the rescission to the
released party, postmarked within the 15- day period, via certified mail. See
Minn. Stat. § 363A.31.
West Virginia:

If a West Virginia Human Rights Act release is being sought, the waiver must be
knowing and voluntary. A waiver will not be considered knowing and voluntary
unless the following conditions are met:
o
The waiver is part of an agreement between the individual and the
employer that is written in plain English and in a manner calculated to be
understood by the average person with a similar educational and work
background as the individual in question;
o
The waiver specifically refers to rights or claims arising under the West
Virginia Human Rights Act;
o
The waiver does not extend to rights or claims that may arise after the
date the waiver is executed;
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D.
o
The individual waives a right only in exchange for consideration that is in
addition to anything of value to which the individual is already entitled;
o
The individual is advised in writing to consult with an attorney prior to
executing the agreement and is provided with the toll free telephone
number of the West Virginia State Bar Association;
o
The individual is given 21 days within which to consider the agreement;
and
o
The agreement provides that for a period of at least 7 days following
execution of such agreement, the individual may revoke the agreement in
writing, and the agreement shall not become effective or enforceable until
the revocation period has expired.
Options When Drafting
a. In a 2006 Western District of New York case against Eastman Kodak, the
EEOC approved the following language for settlement agreements:
i. “Except as described below, you agree and covenant not to file
any suit, charge or complaint against [employer] in any court or
administrative agency, with regard to any claim, demand, liability
or obligation arising out of your employment with [employer] or
separation therefrom. You further represent that no claim,
complaints, charges, or other proceedings are pending in any
court, administrative agency, commission or other forum relating
directly or indirectly to your employment by [employer]. Nothing in
this agreement shall be construed to prohibit you from filing a
charge or participating in any investigation or proceeding
conducted by the EEOC or comparable state or local agency.
Notwithstanding the foregoing, you agree to waive your right to
recover monetary damages in any charge or lawsuit filed by you
or by anyone else on your behalf.
1. An employee executing a release in settlement of an
existing EEOC charge or lawsuit must be given "a
reasonable period of time" to consider a release.
b. Agreements Not To Reapply.
i. Employer should consider including a provision providing that the
employee agrees not to seek reemployment.
1. In the absence of such provision, if the employer later
refuses to rehire the person, it could face a retaliation
claim.
c. Blue Pencil.
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i. To ensure that the release is not interpreted as overbroad and
unenforceable in its entirety, the agreement should include
language providing the court with authority to “blue pencil” or
narrow any offending provision in the agreement to make it
enforceable.
E.
Words of Wisdom: Checking the Release Upon Receipt
a. Anu Allen v. Chanel, Inc., (SDNY, June 4, 2013)
i.
In Allen v. Chanel, the employer drafted a severance agreement
that contained a release provision in exchange for almost $15,000
in severance. The company pre-signed the agreement before
giving it to the employee to review. The employee retyped the
page that contained the release provision to mirror the version she
received except immediately before a reference to discrimination
claims, she replaced the word “including” to “excluding,” thereby
excluding discrimination claims from the release. She did not
disclose this change to the employer.
ii. The employee signed her version of the agreement, accepted the
severance pay and then sued the employer for discrimination five
months later. The employer attempted to defend the case by
relying on the version of the release provision it provided to the
employee. The court held, however, that the parties did not have
a meeting of the minds regarding the scope of the release as
evidenced by the employee’s edited version which manifested her
intent to preserve her right to file a discrimination claim.
iii. According to the court, the “plaintiff did not knowingly, willfully and
voluntarily waive her right to file a discrimination claim.”
iv. The Opinion is silent on whether the employer has any grounds to
seek recoupment of the severance monies; because the
agreement still effectively released other claims, recoupment may
be unlikely.
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Ian D. Meklinsky, Esq.
609-895-6756
imeklinsky@foxrothschild.com
Attorneys at Law
Fox Rothschild LLP
Princeton Pike Corporate Center
997 Lenox Drive, Bldg. 3
Lawrenceville, New Jersey 08648-2311
www.foxrothschild.com
©
2014 Fox Rothschild LLP. All rights reserved. This publication is intended for general information
purposes only. It does not constitute legal advice. The reader should consult with knowledgeable
legal counsel to determine how applicable laws apply to specific facts and situations.
This publication is based on the most current information at the time it was written. Since it is
possible that the laws or other circumstances may have changed since publication, please call us to
discuss any action you may be considering as a result of reading this publication.
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Ian D. Meklinsky
Partner
Princeton, NJ; Philadelphia, PA
p 609.895.6756
f 609.896.1469
imeklinsky@foxrothschild.com
Ian practices labor and employment law, representing employers
across the country in both union and non-union contexts. He works
closely with human resource professionals and in-house counsel to
navigate the increasingly complex workplace-related rules and
regulations mandated by the myriad of laws to provide creative,
practical, cost-effective advice and solutions to employment issues.
In the unionized area, Ian focuses on union avoidance/union
organizing campaigns, representation proceedings, strikes, mass
picketing, and union access disputes, collective bargaining and
contract administration, arbitrations and unfair labor practice
proceedings.
Practice Areas
Labor & Employment
Health Law
Trade Secrets
Labor Management Relations
Education
J.D., George Washington
University School of Law, 1991
B.A., magna cum laude,
George Washington University
School of Business, 1988
Bar Admissions
Ian also counsels and assists employers with respect to, among other
things:

Development and implementation of personnel policies and
procedures

Discipline and discharge of employees as well as employee leave
issues

Development and administration of Affirmative Action Plans

Negotiation, drafting and enforcement of employment and
severance agreements

Harassment avoidance and training
New Jersey
Pennsylvania
Court Admissions
U.S. Court of Appeals, Third
Circuit
U.S. District Court, District of
New Jersey
U.S. District Court, Eastern
District of Pennsylvania
Memberships
American Bar Association
New Jersey State Bar
Association
Additionally, a significant portion of Ian's practice includes:


Ensuring compliance through periodic labor and employmentrelations audits
Court appearances and administrative hearings on a variety of
subjects, including wrongful discharge, employment
discrimination, occupational safety and health matters (OSHA),
wage and hour disputes, unemployment compensation claims,
non-compete, non-disclosure and trade secret disputes
Executive Committee, Labor &
Employment Section, New
Jersey State Bar Association
Camden County Bar
Association
Mercer County Bar Association
Pennsylvania Bar Association
Philadelphia Bar Association
In conjunction with the firm's Tax Department, Ian provides advice
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with respect to tax implications of employment-related matters and provides extensive counseling and
guidance on employee benefits.
Memberships
Ian is a member of the firm’s Executive Committee.
Beyond Fox Rothschild
Ian was a Pupil and now is a Bencher of Southern New Jersey in
the New Jersey State Bar Association/Labor & Employment Law
Section, the Sidney Reitman Employment Law American Inn of
Court, and was the Assistant Coordinator for the Camden County
Bar Association for the 1994 New Jersey State Bar Foundation
Vincent J. Apruzzese Mock Trial Competition. He lectures frequently
to various professional, civic and employer groups. Ian publishes on
employment-related topics and is often quoted on these subjects.
He is a contributing author to the American Bar Association's
treatise on The Fair Labor Standards Act, West Publishing's treatise
on Advising Small Businesses, and the ALI-ABA Manual on
Advising Clients.
Sidney Reitman Employment
Law American Inn of Court
(Bencher and Former Executive
Director of Southern New
Jersey)
Past Chair, Employment Law
Group, Lexwork North America
Academy of New Jersey
Management Attorneys
Board of Directors
Luther Rice Society, George
Washington University
The Joshua Kahan Fund
Past member, Chamber of
Commerce - Southern New
Jersey
Jewish Senior Housing &
Healthcare Services of
Southern New Jersey
Client Resources
The Leave vs. Compensation Debate: How the FMLA, NJFLA, NJ SAFE Act, NJTDB, NJWCA,
NJFLI and Employer PTO Policies Collide
This e-Book is designed to provide a general overview of the following laws pertaining to employee
leaves of absence: the federal Family and Medical Leave Act of 1993, the New Jersey Family Leave Act,
the New Jersey Workers’ Compensation Act, the New Jersey Family Leave Insurance Law and the New
Jersey Temporary Disability Benefits Law. This e-Book will also discuss in broad terms the interplay of
these laws with each other and with employer leave of absence policies.
Successful Employment Termination Strategies: How to Get Rid of the Troublesome Employee
While litigation is often unavoidable and ultimate success can never by guaranteed, the simple truth is
that practices and decisions that make sound, practical business sense are the most defensible in
litigation. An employment termination decision is, simply, a business decision with potentially significant
legal consequences that should be considered, made and implemented with the same degree of care that
attends any other comparable decision.
Honors and Awards

Named as a leading labor and employment attorney in New Jersey, Chambers USA (2013)
In The News

Quoted, “NJ Top Court Backs Stronger Bias Laws,” The Philadelphia Inquirer (July 18, 2013)
www.foxrothschild.com

Featured, “After Hours,” New Jersey Law Journal (June 24, 2013)

Featured, “Correctly Classifying Employees,” New Jersey Business (January 1, 2013)

Featured, “SNJBP Asks the Legal Experts at Fox Rothschild: Collective Bargaining Negotiations
Becoming Increasingly Difficult as a result of the Unknown Costs and Impact of Obamacare,” South
New Jersey Business People (December 1, 2012)

Featured, “Hurricane Sandy Forces Companies to Reconsider Telework,” Society for Human
Resource Management (November 16, 2012)

Featured, “Fox Rothschild Hosts SNJDC Open House Reception,” Southern New Jersey
Development Council (November 3, 2012)

Featured, “NJ High Court Reins In Defense Against Late-Filed Cases,” Law360 (June 21, 2012)

Featured, “Practices Must Be Trained In OSHA’s New Labeling Guidelines,” American Medical News
(April 3, 2012)

Featured, “Employers Say Salary-Balancing Bills Create Needless Burden,” NJ Biz (March 19, 2012)

Quoted, "Sloppy Recordkeeping Can Lead Practices to Trouble with OSHA," American Medical News
(November 7, 2011)

Quoted, "BMI: An Imperfect Recruiting Tool," Human Resource Executive Online (January 20, 2011)

"Ian Meklinsky of Fox Rothschild Presents on Complying With New Paid Family Leave Mandate in
New Jersey," (November 23, 2009)

"Paid Family Leave Details Outline for Chamber," Cape May County Herald (February 4, 2009)

"Heavy Handed," Daily Business Review - Miami, FL (June 27, 2008)

"Local Employment Laws Flourish," The National Law Journal (June 23, 2008)

"Meklinsky of Fox Rothschild Lends View on Proposed NJ 10-Week Paid Family Leave Legislation,"
The Courier Post, The Express Times, Asbury Park Press, and NJN TV Network (November /
December 2007)

"Workers surprised by shutdowns may have little recourse," Baltimore Sun (December 5, 2007)
Articles / Publications

Author, “The Cost of Getting Sick,” MidJersey Business Magazine (September 2013)

Author, “NJ Legislature To Take On Enforcement of Non-Competes,” New Jersey Human Resources
Blog (April 12, 2013)

Co-author, “You Settled Your Case and the Other Part is Breaching the Settlement Agreement… Now
What?” New Jersey Labor and Employment Law Quarterly (April 2013)

Co-author, "NJ Department of Labor Officially Adopts New Rounding Rule Based on Federal
Counterpart," Labor & Employment Department Alert (January 2011)

"Supreme Court of New Jersey Holds that Striking Workers Can Collect Unemployment
Compensation," Labor & Employment Alert (February 2009)
www.foxrothschild.com

"Posting And Notice Requirements for New Jersey Paid Family Leave," New Jersey Business &
Industry Association (January 2009)

"New Jersey Enacts a Paid Family Leave Act (Mercer Business)," Mercer Business (October 2008)

"New Jersey Moves to the Front of the Paid Time Off Line," Labor & Employment Department Alert
(May 2008)

"N.J. Moves To The Front Of The Paid Time Off Line," Employment Law360 (April 09, 2008)

"New Jersey Enacts a Paid Family Leave Act," NJ Labor & Employment Law Quarterly (Spring 2008)

"The Benefits Of Employee Handbooks (Employment Law360)," Employment Law360 (February 04,
2008)

"The Benefits of Employee Handbooks," NJBIZ (April 23, 2007)

"Mindful Monitoring," Security Management (April 2007)

"Employers and the Civil Union Law," New Jersey Lawyer (March 26, 2007)

"Your Employee Leave Policy," New Jersey Lawyer (March 20, 2006)

"Avoiding Employment Litigation Through Effective Recruitment and Hiring," NJ Business Magazine
(March 2006)

"Does your Company’s Employment Release Cover all the Bases?," The Metropolitan Corporate
Counsel (March 2005)

"Reconciling Employee Leave Policies with Overlapping State and Federal Laws," NJ Business
Magazine (June 2004)
Speaking Engagements / Presentations

Speaker, “Drafting Enforceable Employee Severance Agreements,” Strafford Webinar (February 19,
2014)

Panelist, “Complying with State & Federal Family & Disability Leave,” New Jersey Business &
Industry Association (NJBIA), Monroe Twp., NJ (November 13, 2013)

Speaker, “Managing Employee Leave of Absence,” Fox Rothschild LLP (October 1, 2013)

Speaker, “Labor and Employment Law 101,” Mount Holly, NJ (June 6, 2013)

Speaker, “Surviving the OSHA Inspection and Citation Process,” Fox Rothschild LLP, Philadelphia,
PA/Simulcast (May 7, 2013)

Moderator, “Professional Education for Tax Professionals,” Primepoint Technology, Mt. Holly, NJ
(June 7, 2012)

Speaker, "A Review of NJ 2011 Wage & Hour Law Changes," Primepoint, LLC , Mt. Holly, NJ (March
22, 2012 )

Faculty, "Employee Severance Agreements: Latest Guidance for Employment Counsel," Stafford
Webinar/Teleconference, webinar (February 22, 2012)

Speaker, "New Jersey Department of Labor 2011 in Review," Fox Rothschild LLP, Roseland, NJ
(February 1, 2012)
www.foxrothschild.com

Speaker, "Employment Law Developments in 2011 and How They Impact Your Practice," Mercer
County Dental Society, Princeton, NJ (November 15, 2011)

Speaker, "Since When Do We Work in the People’s Republic of New Jersey?," NJCCA's 9th Annual
Full Day Conference, Whippany, NJ (September 23, 2011)

Presenter, "Employee Severance Agreements: Latest Guidance for Employment Counsel,"
Strafford, Webinar (May 26, 2011)

Speaker, "Employment Law: Managing Leaves of Absence — FMLA, NJFLA, ADA and the NJ Paid
Family Leave Law," New Jersey Institute for Continuing Legal Education: 2011 Corporate Counsel
Institute, New Brunswick, NJ (January 26, 2011)

Panelist, "How to Comply with State & Federal Family & Disability Leave Laws," New Jersey
Business and Industry Association, Voorhees, NJ (November 19, 2010 )

Panelist, "Top 10 Mistakes Plaintiff's Counsel Make," National Employment Law Institute (November
11, 2010)

Tweets & Turns: Negotiating the Impact of Social Media on the Workplace for CPAs," Fox Rothschild
LLP: CPEs for CPAs - Fall 2010, Lawrenceville, NJ (October 27, 2010)

Panelist, "Legal and Ethical Pitfalls in E-Discovery & The Second Coming of Zublake," The New
Jersey Institute for Continuing Legal Education , New Brunswick, NJ (July 12, 2010 )

"Health Care Reform: What Employers Need To Know Now," Fox Rothschild LLP, Lawrenceville, NJ
(May 18, 2010)

Speaker, "The Do's and Don'ts of Interviewing and Documenting the Employment Relationship and
the Impact of Social Networking on the Workplace," Mercer County Dental Society, (May 18, 2010)

Speaker, "Complying with State & Federal Family & Disability Leave," New Jersey Business &
Industry Association, Eatontown, NJ (May 14, 2010)

Presenter, "Strategic Exit Interviewing," Workplace HR & Safety Magazine, Webinar (May 13, 2010)

Speaker, "Employee Severance Agreements: Latest Guidance for Employment Counsel," Strafford
Publishing, Webinar/teleconference (Tuesday, May 11, 2010 )

"Employment Law for Law Firms," New Jersey Institute for Continuing Legal Education (February 17,
2010)

"Navigating Paid Family Leave: How to Comply with the New Law and Final Regulations," New
Jersey Business & Industry Association, West Orange, NJ (November 20, 2009)

"The Revised Family and Medical Leave Act Final Regulations -- effective January 16, 2009 -- What
Employers Need To Do Immediately To Comply," Lawrenceville, NJ (February 26, 2009)

"Paid Family Leave: How It Will Affect Your Business," Chamber of Commerce Southern New Jersey
(November 21, 2008)

"The Leave vs. Compensation Debate - NJ Paid Family Leave," NJ Business & Industry Association
(October 24 & 29 and December 3, 2008)

"Employment Litigation Avoidance," Mercer County Dental Society (October 21, 2008)

"Employee Severance Under Attack: The Court's Latest Rulings," Strafford Publications (July 2,
2008)
www.foxrothschild.com

"Is It Time for an Unfair Dismissal Act?," FMCS (May 2, 2008)

"Expert Testimony and Damages," Mercer American Inn of Court (March 12, 2008)

"The Leave vs. Compensation Debate - FMLA Seminar," NJ Business & Industry Association (March
7, 2008)

"Employee Severance Under Attack: The Court's Latest Rulings," Strafford Publications (January 16,
2008)

"Employee Privacy in the Workplace - What's an Employer to Do?," CPEs for CPAs, Lawrenceville,
NJ (October 31, 2007)

"Expert Testimony and Damages," New Jersey Society of CPA's Litigation Conference, (October 25,
2007)

"COBRA and HIPAA Compliance for Employers," Corporate Synergies 2007 Fall Institute
(September 25, 2007)

"CEPA Update 2007: The Basics and Things to Come," NJ State Bar Association - Labor and
Employment Law Section (June 26, 2007)
www.foxrothschild.com